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Yearly Archives: 2021

TIGTA Finds That After COVID Many Taxpayers Received Inaccurate Collection Notices

During the start of COVID-19, the IRS was impacted in many ways. IRS sites closed for months, thus postponing everyday operations such as mailing notices and receiving and processing correspondence from taxpayers. During this time, the IRS had to act and make decisions as to how to proceed,and some of the decisionspotentially caused confusion and undue burden to numerous taxpayers who received erroneous Collection notices. 

Upon Reopening Its Print Sites, The IRS Decided To Issue Millions Of Notices To Taxpayers That Had Generated
During The Shutdown, Many With Erroneous
Notice Dates And Payment Due Dates.


TIGTA’s review of these noticesidentified that the IRS issued 
89,338 premature Notices and Demand for tax that were generated for 87,542 individual taxpayers who filed Tax Year 2019 tax returns before the COVID-19 filing date extension of July 15, 2020. 

The notices showed that balances were owed even though the taxes were not actually due because of the filing extension. Although the majority of these Notices and Demand includedstuffers to explainthe correct noticeand payment due dates, taxpayers could be confused as to how to proceed, whether they receiveda stuffer of explanation with their notice or not, simply due to the original notices including incorrect information. The IRS had the opportunity to prevent undue burden to taxpayers by purging the outdated and incorrect noticesand sending them at a later date.


However, the IRS was effective in providing relief to taxpayers as outlined in its People First Initiative, including properly suspending defaults on Installment Agreements, passport certifications to the State Department, new account transfers to private collection agencies, systemic filings of Notices of Federal Tax Lien, systemic and automated levies, and seizures. TIGTA did identify that, for 23 levies (14 taxpayers) issued by revenue officers, there was no indication of the required levy approvals during the People First Initiative time frame. 

The IRS took corrective action by contacting these taxpayers and issuing refunds or credit transfers on the levied funds. Additionally, TIGTA identified that 40 of 49 Noticeof Federal Tax Lien filingsby revenue officerswere made in error, but the IRS took corrective action to withdraw them.

TIGTA recommended that the IRS implement changesto its processes to avoid sending erroneous notices causing taxpayer burden. IRS management partially agreed with the recommendation. While they acknowledge that this is not an action management would take under ideal conditions, they believe their solution (to send the incorrect notices) was appropriate given the extraordinary situation. However, management further stated that, should future circumstances cause the IRS to be faced with a similar decision, they will take this report’s recommendation into consideration. 

Have IRS Tax Problems?


     Contact the Tax Lawyers at

Marini & Associates, P.A. 


for a FREE Tax HELP Contact us at:
www.TaxAid.com or www.OVDPLaw.com
or 
Toll Free at 888 8TAXAID (888-882-92


Read more at: Tax Times blog

TIGTA Finds That IRS Still Uses Tax Enforcement Results to Evaluate Employees


A recent Tax Inspector General for Tax Administration (TIGTA) Audit Report 2021-30-052 has found that the IRS still uses tax enforcement results to evaluate employees, even though that’s been illegal for years. 

TIGTA is required to annually determine whether the IRS has complied with the restrictions on the use of enforcement results to evaluate employees found in Section 1204 of the IRS Restructuring and Reform Act of 1998 (RRA 98).

RRA 98 requires the IRS to ensure that managers do not evaluate enforcement employees using any record of tax enforcement results (ROTER) or base employee successes on meeting ROTER goals or quotas.

In its audit report, TIGTA determinized that the IRS is still using ROTERs and identified the following:

  • Three violations associated with the use of ROTERs in supervisory employees’ performance evaluations.

  • One violation associated with the use of ROTERs in a nonsupervisory employee's performance evaluation.

  • One violation in an employee’s midyear narrative that included inappropriate language related to fraud referrals.

TIGTA made eight recommendations to mitigate the issues identified during the audit. Two of these recommendations were:

  • IRS should ensure that Section 1204 violations and instances of noncompliance are discussed with the responsible employees and/or managers, and

  • IRS should update applicable performance documents to include a warning on using ROTERs when evaluating employees.

IRS management agreed with all TIGTA's recommendations. 

Have an IRS Tax Problem? 
 
   
Contact the Tax Lawyers at 
Marini & Associates, P.A. 
 
 
for a FREE Tax HELP contact us at:
www.TaxAid.com or www.OVDPLaw.com 
or 
Toll Free at 888-8TaxAid (888) 882-9243

 

Read more at: Tax Times blog

Settle Your Back Taxes for a Fraction of What You Owe! – OIC

 Settle Your Back Taxes for a Fraction of What You Owe - Tax Evaluation Waiting! Stop IRS Collections Now.”

--Google search ad results, September 2018

According to  what’s true about  the above mentioned search term is that the IRS has a program that allows taxpayers to settle their tax debts for less than the amount they owe. The formal name for this tax debt settlement program is the IRS Offer in Compromise. That brings us to what’s false.

Despite ads that imply the OIC is a common and reasonable solution for many people, the reality is that few people qualify for this program. In fact, while more than 16 million people and 3 million businesses owe the IRS, only 25,000 settled their tax debts using the OIC last year.

The reason is simple: From the IRS perspective, most taxpayers can afford to pay their taxes with their current assets or over time or with a payment plan, so those people wouldn’t qualify for an OIC. Every year, millions of taxpayers pay their taxes on monthly payment plans.

 

The OIC program is geared toward a narrow segment of taxpayers, people who will never be able to pay all of the debt with their future income or assets before the IRS runs out of time to collect it (generally 10 years from the date the tax was assessed). For most people, there are IRS alternatives to the OIC that work out much better for their situation.

Next year, it will be more important than ever for taxpayers to understand their IRS payment options. In 2019, the IRS projects that 3 to 4 million new taxpayers (on top of the 30 million who already file with a balance due) will owe taxes due to tax reform and a growing gig economy. These basics will help taxpayers choose the right option with the IRS.

 
For more information regarding OICs go to 
 
 Have an IRS Tax Problem? 
 
   
Contact the Tax Lawyers at 
Marini & Associates, P.A. 
 
 
for a FREE Tax HELP contact us at:

Toll Free at 888-8TaxAid (888) 882-9243
 
 

Read more at: Tax Times blog

IRS ATCLs Retain Right To Invite Exam Personnel To Appeals Cases

The Internal Revenue Service on Thursday released the results of a review of a now-concluded pilot program that invited compliance personnel into the appeals process, saying it would continue the practice but would not require it.

Individual appeals team case leaders, or ATCLs, will retain the discretion to invite exam officials into the appeals resolution process, the report said. The pilot program, which ended May 1, 2020, faced some criticism from practitioners who feared it was an attempt to inappropriately force mediation on cases that had progressed beyond that stage. 

"Our experience with the ATCL conferencing initiative found that the process generally is helpful in providing our ATCL teams with a comprehensive understanding of the cases before them," the report said. "Moreover, we have determined that an ATCL's discretionary use of compliance attendance at conferences can be a valuable tool in certain instances."

The pilot program, which ended after running for about three years, was designed to help the agency's appeals division identify, narrow and resolve factual or legal differences in some of the more complicated cases it received, the agency has said. ATCLs handle some of the most complex cases that come before the Independent Office of Appeals.

According to the report, a third-party contractor that collected feedback from program participants found that 92% of those surveyed had an overall positive experience with the appeals process, while only 62% said they had a positive experience with appeals conferences that included compliance personnel. 

The Report Noted That The Discretion To Invite
Compliance Personnel To Appeals Department Conferences
Did Not Originate With The Pilot Program And
Has Been Available For Decades.


"Although the discretion to invite Exam rests solely with the ATCL, the ATCL will solicit and consider the taxpayer's view as to whether it would (or would not) help to resolve the case by inviting the Exam team to the non-settlement portion of the conference," the report said, adding that the views of exam personnel will also be considered in kind.  


Need to Appeal a Bad IRS Assessment?


     Contact the Tax Lawyers at

Marini & Associates, P.A. 


for a FREE Tax HELP Contact us at:
www.TaxAid.com or www.OVDPLaw.com
or 
Toll Free at 888 8TAXAID (888-882-9243)


Read more at: Tax Times blog

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